363 Mass. 878 | Mass. | 1973
The town seeks judicial review under G. L. c. 30A, § 14, as amended, of a decision of the commission that the town had engaged in an unfair labor practice. G. L. c. 150A, § 6, as amended. The final decree of the Superior Court upheld the commission and the town is appealing therefrom. After holding a hearing on applications from two rival unions for certification as bargaining agent (agent) for certain town employees, the commission determined that the appropriate bargaining unit (unit) would consist of “[a]ll nonprofessional employees in the Sewer, Water, Park, Tree and Highway Departments, including Clerks and Maintenance employees.” Although notified of the hearing, the town was not represented. After an election by the members of the unit, the commission certified the American Federation of State, County and Municipal Employees, and its appropriate affiliates (union) as agent on October 26, 1966. On July 24, 1969, the commission held a hearing on a dispute between the town and the union on the question whether two clerks in the departments making up the unit were included in the unit. On October 9, 1969, the commission notified the parties that the clerks were included in the unit by its earlier decision. After conferring with .the union, the town having been notified but failing to appear, the commission, on March 10, 1970, issued a complaint alleging that
So ordered.
